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1  2  3 


1 

2 

3 

4 

5 

6 

>     ', 


n/ 


3-  »^o 


Mr.  .WHITE'S  SPEECH, 
m  SENATE. 

JANUARY  7,  1809. 


Xlnder  considcmtion  ]^r.  Giles'  hill  for  enforcing  the  embargo 
laws  and  the  amendments  to  it^  sent  up  by  the  house  of  re- 
presentatives. Mr.  Reed  moved  to  strike  out  *'  secretary  of 
the  treasury"  in  thr  i^th  section  for  the  purpose  of  inserting 
President  of  the  United  Stales — he  supported  the  motion  iritlt 
a  few  pertinent  remarks,  hut  which  were  not  replied  to.  When 
the  vote  was  about  to  be  taken,  Mr,  White  rose  and  observ-' 


cd. 


MR.  PRESIDENT, 


JUN  1 1   W 


I  HAVE  no  hope  of  the  present  ametlciincnt  succeeding,  anil  in- 
deed, I  distinctly  perceive  it  is  not  the  intention  of  the  majority  to 
vary  the  bill  in  any  respect  from  the  form  in  which  it  is  now  pre- 
sented to  us.  In  this,  sir,  perhaps,  they  may  be  right,  fori  view 
the  bill  myself  as  so  vitally  poisonous,  so  radically  corrupt,  that!  do 
not  believe  it  is  amendable.  It  is  under  this  solemn  impression,  I 
confess  more  from  a  sense  of  duty,  than  a  hope  of  success,  that  I  now 
rise  to  make  one  other  last  effort  to  ward  off;  if  possible,  this  bold 
and  deadly  charge  upon  the  constitution  and  liberties  of  this  coun- 
try. Foi  the  purpose,  therefore,  of  obtninin-g  another  vote  of  the 
senate  upon  the  bill  itself  as  well  as  the  amendments,  I  novV  move 
you,  that  the  further  consideration  of  this  subject  be  postponed  till 
the  first  Monday  in  November  next.  I  thank  God,  thatit  is  at  least 
accorded  to  one  branch  of  th  legislature  to  pass  upon  this  bill  in  the 
day  time  ;  and  to  this  I  must  attribute  the  sudden  dumbness  that 
seems  to  have  fallen  upon  its  advocates  here  ;  their  refusal  not  only  to 
discuss,  but  their  evident  reluctance  even  to  hear  any  discussion  on 
this  subject. 

,  Upon  the  motion  which  I  have  submitted.     I  consider  the  bill,  as 
well  as  the  amendments   from  the   other  bouse,  open   to  debate ;  it 
was  not,  however,  with  this  view  that  I   made  the  motion.     I  have 
no  wish  to  talk  for  the  sake  of  being  heard,   or  occupy  the  time  of 
the  «:enate   without  at  least  a  hope  of  attaining  some  ohjjpct.     1  had 
not  intended  to  have  .said  a  word  on  this  subject,  nor  W'tU  I  now  en- 
ter upon  the  merits  of  the  bill,  my  objections  Iny  to  every   pirf  of 
it  ;  yet  sir,  I  could  not  have  patiewcK  to  examine  the  minute  details 
of  a  measure,  in  the  prominent  points  of  which  I  see,  concealed,  a 
blow  directed  at  the  vital  parts  of  every  thing  dear  to  a  freeman.... 
Pass  this  bill,  an<l  the  libeities  of  your  country  are  prostrated.     The 
civil  authority  is  subjected  to  the  military  ;  not  only  the  property 
but  the  personal  liberty,  nay,  the  life  of  every  man  in  the  <"Qmrttuui' 


ty  is  at  the  mf;rcy  of  the  executive,  and  what  is  worse  at  the  mercy 
of  any  instrument  he  n»ay  authorise  to  call  nuithe  military  under  the 
pretence  of  executing  the  embargo  lavs.  I  see  in  this  hill  several 
pulpable  and  glaring  violaiions  of  the  constitution  of  the  U.  States 
which  lam  sworn  to  support,  I  consider  it  as  laying  the  whold 
country  under  military  law,  as  nothing  less  than  a  declaration  of  war 
on  the  part  of  the  government  against  our  own  citizens.  Aii(l  has  it 
come  to  this,  sir?  I'or  the  purpose  of  executing  the  embargo,  ar« 
we  ready  to  sacrifice,  or  at  leaist  to  hazard  every  thing  dear  and  val- 
uable >  Let  me  beg  gentlemen  once  more  to  read  the  eleventh  sec- 
tion of  this  bill,  it  enacts  "  that  it  shall  be  lawful  for  the  President  of 
the  United  States,  or  such  other  person  as  he  shalt  have  empowei-ed 
for  that  purpose,  to  employ  such  part  of  the  land  or  naval  forces,  or 
militia  of  the  United  States,  or  of  the  territories  thereof,  as  may  be 
judged  ujcessary,  in  conformity  with  the  provisions  of  this  and  oth- 
er acts  respecting  the  embargo,  for  the  purpose  of  preventing  the 
illegal  departure  of  any  ship  or  vessel,  cr  of  detaining,  taking  pos- 
session of^  and  keeping  in  custody,  any  ship  or  vessel,  or  of  taking 
into  custody  and  guarding  anj-  specie  or  articles  of  domestic  growth, 
produce  or  manufacture  ;  and  also  for  the  purpose  of  preventing 
nd  suppressing  any  armed  or  riotous  assemblage  of  persons  resisting 
the  custom  house  ofticers  in  ihe  exercise  of  their  duties,  or  in  any 
manner  opposing  the  execution  of  the  laws  laying  an  embargo,  or 
otherwise  violating  or  assisting  and  abetting  violations  of  the  same.'' 
I  am  aware,  sir,  that  it  may  be  said  we  have  in  our  statute  books  a 
pr'^'^edent  for  this  section,  and  that  the  fifth  section,  1  think,  (fori 
Ji  -'.  no  book  before  me)  of  a  law  further  to  preserve  peace  within 
the  ports  and  harbors  ol"  the  United  States,  may  be  resorted  to,  in 
justification  of  it.  Eut  it  is  a  precedent  only  in  verbage  ;  the  cases 
are  essentially  different...  the  authority  there  given  to  the  President 
Was  for  the  purpose  of  preserving  peace  within  our  own  waters,  and 
could  be  exercised  only  against  an  olfending  ves:iel  of^war  of  a  fo- 
reign nation.  Is  that  the  present  case  ?  Is  it  likeU?  Ko,  sir  ... 
JBy  this  section  you  delegate  to  the  President,  and  to  his  irresponsible 
agents,  uncontrolled  authority  over  all  the  naval  and  military  forces 
of  the  United  .States  now  in  service  and  about  to  be  raised  ;  not,  give 
me  leave  to  say,  for  the  purpose  of  preserving  peace. ..not  to  be  ex- 
ercised against  a  foreign  enemy,  but  to  be  turned  against  the  bo- 
soms of  your  own  citizens.  Will  ireemen  submitto  this  ?  Let  me 
admit  that  the  act  will  not  be  executed  in  this  way  ;  that  even  thig 
inordinate  and  dangerous  power  may  be  safely  confided  to  our  pre- 
sent executive  ;  yet  I  shudder  at  the  precedent.  It  is  in  these  days 
of  political  calms,  and  of  blind  confidence  in  a  favorite,  that  we  are 
in  danger  of  establishing  precedents  that  in  more  stormy  times  may 
be  resorted  to,  by  ambitious  and  desperate  men,  to  subvert  the  con- 
stitution and  liberties  of  our  country-  And  I  contend,  sir,  thafc 
whenever  your  exet  utive  chair  shall  be  filled  by  a  bold  and  ambi« 
tious  manj  supported  by  a  blind  and  dominant  party  in  the  two  hou- 
ses of  congress,  and  such  a  man  shall  wish  to  play  the  tyrant,  if  he 
first  procures  a  sufiicient  army  to  be  provided  under  any  pretences. 


i^BMHB 


ft 


3 

a«d  can  then  get  delegated  to  him  by  congress  the  po^vers  given  ia 
th.se  eventl.  section  ol  the  bill,  hi.  objea  i«  acco  npl.«l,ed  .!yoir 
cpnst.tut.on  am  your  liberties  are  at  an  end...he  «?^||  esiMshl 
s_uthern,  a  western,  an  eastern,  or  any  other  dynasty  he  please  in 
this  country.  And  this  bill  will  then  be  she^u  to  L/e  s  they 
w.II  hen  be  told  that  no  danger  is  to  be  apprehended  from  uch  ^ 
frrant  of  power  to  a  President,  because  similar  powers  had  here  to- 
4ore  been  ^iven  and  no  injury  had  resulted  to  the  country. 

anrlTuV'n'  ^'.'V  ^I"''"'''''  T' ^"^  occupy  the  time  of  the  senate, 
o?  tl  e  bn  ''•7,'"^'^!f'  7  "»'y  ^^r'  '^  "'^^'^  ^^''  ^  postponemen 

*?'  .1  .  u  ^  ""'  "P'  ^  "'"'*  ^^  peruiitted  to  notice,  for  a  moment 
he  Umte.nth  sc-ctmn,  whicj.  is  not  an  original  part  of  the  bTll  but 
has  been  sent  to  us  by  the  hous.  of  r.p re-sen tatives.  This  section 
authorises  the  h,r,ng  of  thirty  vessels  nol  exceeding  an  hundred  and 
thirty  tons  each,  to  be  armed  and  equipped  for  sea,  lor  the  purrse 
of  executing  the  embargo  laws.     4,  \L   man  must  be  l>lif.dTi  o 

"cr/th\f  ^^'  ^'"-:iV—  ,0  strongly  of  the  -onrce  when  e 
t  can^e  that  it  ,s  mipossible  to  mistake  it  for  a  moment...it  has  the 
ery  fish  0,1  about  .t...it  is  a  Aiarblehead  t.ick.  This  is  a  rider  o 
he   famous    Marblehead  patriotic   resolutions  read  to  us  some  days 

smce  by  the  gentle,nan  from  Virginia,  (Mr  Gil.s)...These  xMarble- 

head  patriots  not  be.ng  permitted  during  the  embargo,  to  export 
hen-  tnh  ;  for   the  want  of  some  other  capital,  about  to  coml^^.ce 

t  ade  ijpon   the.r    patriotism,    and    have  sent  that  to  marke  ! 

mtrio'tirn'^l  'f  °"'y^PP--  ^>f  the  embar^^o,  but   with   liuch 
E  h  n  t  "^      J   ••'icommend  to  the  governm.nl  to  hire  them  and 
heir  hundred  and  thirty  ton  vessels  to^execute  it.     It  is  not  imnossi- 
bfe  but  that  this  thirteenth  section  was  considered  and    app  o7ed  of 
oy  the  same  meeting  that  adopted    the  resolutions,  and    is    now  it!-  ' 
tended  as  a  governmental  premium  to  buy  patriots  with.     Hire  these 
Marbleheadmen.H-;  arm  their  vessels,  and    tell   one  of  chem  to 
victual  his  vessel  for  a  three  or  six  months  cruise  upon  our  coast,  and 
to  go  to  sea  ;  my  word  for  it,  the  next  news  yo,  have  of  your  pa!ri. 
ot   he  IS  lu  the  West.Indies  exchanging  the  pork  and  flour  of  the  U. 
Sta  es  for  coffee  and  sugar  for  himself.^  This  was  the  object  o    th^ 
resolution.,  this  is  the  concealed  object  of  the  section.     It  is  intend! 
od  to  disgrace  the  government  by   making  them   accessories  to  the 
violation  u.  their  own  laws.     But.   sir,   I  have  another   objection  to 
Ihiosertiou.      Ihrse  thirty  vessels,  in  addition  to   the   twelve   reve- 
nue cu.teis   we  have  lately  provided,   and  those  now  in  service,  will 
place  under  the  exclusive  direction,  not  of  the  president  of  the   Uni- 
ted  Scutes,  but  of  a  subordinate  officer,  the  Secretary  of  the  Treasu- 
ry,  more  than  fifty  vessels  of  war,  a  larger  number  than  has  ever 
been  entrusted  to  the  control  of  the  Government    itself.     And  who 
are  to  appoint  these  ofTirers,  the  President  and    this  Senate  ?     No 

p^„";i~  •■"-,,- ,•;  f   ^n^  /f^'isu'V...ne  isio  ue   me  iViarblehead 

President.  We  all  know  how  dilTicnlt  it  is  to  restrain  even  the 
young  ofticers  commanding  our  gun^boats,  selected  and  appointed 
9s  tI-7  are  by  the  President  and  Senate,   from  committing  acts  of 


violence  and  ontra^e  upon  our  ritizciia  ?  And  what  control  do  yoy 
expect  the  Secretary  of  the  Treasury  will  be  able  to  assume  over 
these  Marbhihcad  marauders,  once  they  are  turned  lo(.)se  upon  th« 
little  coasting  commerce  that  yet  remains  to  our  citiiujnsr  Sir,  { 
had  rather  see  so  many  French  or  Jiriti.^h  picaroons  upoji  the  coast, 
because  they  would  not  be  permitted  to  rob  with  impunity. 


-^^^^^3?S35s-; 


.    Mr.    HILLHOUSF/S  SPEECH, 

IN  SENATE, 

JANUARY    7,    I8()P. 

On  M}\  White  s,  motion  to  postpone  Mr.  Giles's  bilL 
to  enforce  the  Embargo,  iciili  the  amendments  of 
the  House  of  Representatives,  to  the  first  Monday^ 
of  November  next. 


\  - 


MR.  PRESIDENT, 

T  SHALL  not  trespass  on  the  patience  of  the  Senate  by  repeat- 
ing any  arguments  abcady  submitted  to  their  consideration.  JBut 
ji,  will  l)f.  re^iieinbered  that  the  debate  on  passing  the  bill  as  it  went 
(Vom  the  Senate,  was  protracted  to  a  late  hour,  whin  both  speakers 
and  hearers  were  iriuoh  fatigued,  and  it  becatne  impossible  to  consi- 
der every  point.  I  will  therefore  now  take  the  liberty  of  noticing 
the  prectdcnis  upon  which  the  gentleman  from  Virginia  (Mr.  Giles) 
so  con?uiently  relies  to  justify  the  princ'ples  of  this  bill. 

The  Orst  is  that  clause  in  one  «»!'  ilic;  c  iibaigo  ao's,  which  gives 
to  the  President  of  the  United  Stales  a  discretionary  power  to  sus- 
pend ti.e  enUiargo  "in  whole  or  in  ])urt;"  which  was  indeeir  an 
cxtntordinuri/  pcAVcr,  and  nothing  sliort  of  comniitting  into  his  hands 
I'lc  poivcv  cf  involviri,'>;  tlie  conn/rt/  in  luar.  'i  he  gentleman  ought  fur- 
ther to  have  stated,  that  it  wus  opposed  at  the  tinie<m//w/  ground; 
and  that  the  votes  of  gentlemen  opposed  to  this  bill  are  recordovl  on 
}.he  journals  against  it.  \\  ho  gave  to  the  Executive  thnt  extraordi- 
nary power:  Jt  w,ifi  the  l.ke  overwhelming  majority  that  laid  the 
v»nbar"<>,  and  would  now  enforce  it  bv  the  arbitrary  provisions  con- 


I  dp  yoM 
ime  over 
jpon  the 
Sir,  I 
he  coast. 


I, 


es's  bin 
cnts  of 


y  rtpeat- 
lon.  13ut 
Ls  it  went 
I  speakers 
3  to  consi- 
noticing 
Ir.  Giles) 

ich  gives 
er  to  sus- 
ndeetr  an 
his  hands 
lught  lur- 
t  ground; 
:orded  on 
extiaordi- 
t  laid  the 
sions  con- 


taiued  in  this  bill.     It  is  indeed  extraordinr/ry,  very  extraordinary, 

ha    to    usti  y  an  arbMrar^  aud  wnvarrantuhlc  grant  of  Vo^cr,  gentle- 

!nel  Vould  Vote  a'precedent  of  a  Uk.  nature,  ot  the.r  own  u.ak. 


ing. 


5;n  act  of  March  3d,  1807.  authorising  the  President  of  the  U 

State    to  use  military  force  to  remove  from  P'^^  '>^  •<*"!•;' H^J/^.tm 
temniin-  to  make  settlements  thereon,  is  also  relied  on  to  just   y  the 
Spies  o    this  bill.     But  the  gentleman  from  V.rgm.a  vy.ll  find 
b     the  journals  of  the  Senat^,    that  an   act  makmg  provision  for 
car.  Vini  into  execution  an  Indian  treaty,  was,  at  a  previous  session, 
reeced,  because  it  contained  a  like   arbitiary  and   unwarrantable 
Son.    The  act  as  stated  by  that  gentleman,  --  afterwards  pass- 
ed, not  however  w  ithout  a  strenuous  opposition  ;  the  votes  were  17 
'o  15,  as  appears  by  the  yeas  and  nays>     My  vote  was  agn.ns  that 
a"  t;  as  I  hope  it  will  be  against  every  act  containing  like  arbitrary 
an  loppressiJe  provisions.     The  gentleman  from  Virginia  advoca- 
ted anT'oted  for  that  act  ;  as  he  has  done  for  others  containing  gran  s 
\a  extraordinary  po^cr  to  the  Executive.     Formerly  that  gentleman  s. 
voice  was  one  of  the  loudest,  and  I  think  I  have  heard  none  louder 
in  proclaiming  Ids  love  and  adoration  for  the  people  ihnt  now  that 
he  has  got  into  the  saddle,  he,  like  many  others,  who  have  acqui- 
red  power  in  the  ,ume  miy,  is  for  riding  on   the  necks  of  the  peo- 
pie,  and  for  exercising  power  in  an  arbitrary  and  oppressive  man- 

"Tshallnextnot.ee  the  law  of  March  3d,  1805,  and  a  law  con- 
taming  a  like  provision,  passed  June  5th,  179-t.     As  the  gentleniau 
from  Virginia  seems  to  attach  some  importance  to  his  precedents, 
from  the  circumstance  of  my  having  ir.  some  instances  voted   for 
them,  I  do  not  hesifale  to  declare,  that  I  voted  for  the  lavy  of  1805. 
and  it  is  probable  I  did  also  for  that  of  1791  :  as  I  could  have  no 
obiection  to  a  law  which  was  necessary  to  preserve  peace,  and  pre- 
vent/,ww//5  to  our  government,  or  the  violation  of  the   laws  wilhm 
our  ports  and  harbours,  and  on  waters  within  our  own  jurisdiction, 
by  foreign  armed  ships,  or  ^vessels  Biting  out  with   hostile  views  a> 
gainst  aiiy  power  with  which  we  were  in  amity.     The  military  force 
authorised  by  those  laws,  would  in  no  instance  be  employed  on  the 
land,  and  asrainst  our  own  citizens;  except  to  prevent  the  tarry- 
inr  on  a  military  expedition  or  enterprize  against  such  foreign  povv-- 
er?    So  cautious  were  the  administrators  of  the  general  government 
Qf  callino-  in  the  aid  of  the  military  to  enf<,  rce  the  laws,  that  no  ex- 
press pavver  was  given  to  the  President  of  the  United  btates,  by  any 
act  of  Congress,  to  employ  any  part  of  the  standing  army  or  naval 
force,  until,  under  the  present  administration,  the  law  mentioned  by 
the  gentleman  from  Virginia,  of  March  3d,  1807  (m  my  opinion  a 
yerv  proper  law)  was  pass<:d,  giving  to  the  Pr.   ident  a  power,  in  all 
cases  where  he  might  call  forth  the  militia  for  the  purpose  of  suppres- 
in'2  insurrections,  or  of  causing  the  laws  to  be  executed,  to  employ, 
for  the  same  purpose,  such  part  of  the  land  and  navai  iorce  or  me 
United  States,  as  he   may  judge   necessary;  "  having  fi^^^t   observed 
all  the  prerequisites  of  the'taiv  in  that  respect."     In    the  two  lust  lines 
of  this  law,  arc  a  few  words  of  great  significance  and  impcri...  'hay- 


l.ot  to  take  the  lead,  as  in  the  T  ent  hW.    .    .     '       ^''^  ^"''"''y  '* 
and  bo  suhord.nate  to  the  civil  po.v"        Tu  7\''  '"  ^^"^^  '"  ^''^  «'■' 
journals,  that  no  e/li)rt  consistent  m  i»K  »l.        i     "''?7  »PP^-ar  ou  our  ' 
Deen  on.iUcul  to  prev.ntT    a^^^^^  Senate,  ha, 

g^nil^man  from  Delaware  (MwCTteW^'^'^^  '  ^"'  ^''^^^  ^^e 
o../or  a  po.s,ponen.ent  of  tl  e  biil  ,o  Uv-  L^Zf\  '"'"'f  l'  ^"^  ™"''- 
next.  The  amendnHMUs  /Vo.n  the  IJouseor  I  '^  ""^  November 
«oi  .n  the  Jea  t  reconciled  me  to  L  »?M  "•^P''^'^'-'"tat>ves.  have 

That  <A\Vn.\  to  the  7lh  secUon    i    1  «      '  """^  ""^>:  '=*  ^'^^  ''"X  value. 

the  understandings  oF  the  A.:;  ctr'^r ' 'C'u^'  '"•  '""/'/^^ 
as  It  passed  the  Senat...  *' neither  c.nr.r  /^  ^'^  "''ginal  bill 
accident  vvhatev.r,  .hall  be  n lad..d  n  '  ''^'■"'''  "°''  «".>^  ^^her 
amendment  proposes  to  ad  ''^n|e^^^^^  '"  evidence."  ]  ho 
'  proved  to  Lve  been   I  >sm|.  "^  ^/^^^^  ^'"Ptur..  shall  be  expressly 

'  oned  by   no  n^gb^jence  o    devi     •         '     '"''''''  ""'  ^^'^i^ent  occasi. 

'  ted  by  a  master,  male  or  na  es    ml-i^r,"  'T^''  ^^"''^  "^^''^'«- 
'shall  be  citizen,  of  the   Unded     tater.  ?"'  ^""^' -''«"' 

'ma,e.,  mariners  an.;  crew      hall  . M      I'  .  ,'"'  '"' '^  "'^^^  ^^r 

Mheirdeath.hal/Jieo„Xdefend  n  V  '"/'^  '"^^'  the  proof  of 
;  -vorn  as  co.npetent  .v'rnes  f .  JnCs  ''f  "^  ''^"  ^^'^''  «"^ 
mate.,  mariners  and  crew,  shall  la  '  "'^'^VL  ""''"■'  "'^^^  °^- 
'  Jue  form  of  Jaw,  and  aconv  thr  nf'^  ^  ^  shipping  paper  m 
'  ter,  mate  or  matU  ma  E  d^^  .'""^'T;;"^-  ^f^^^^'^''^  ^''^  mas. 
'  of  residence,  «halJ  have  been  ol'ed  uM>h  .t  "''".r''"'"""'  P'«^^^ 
'  to  wjb.on.  the  bond  aforesaid  sin  IK  '^^  collector  of  the  port, 

••  mencement  of  the   vov  to    a^^d '  nh?  ^f'!  ^''7  ^'^'''^  »''«  -•»- 
'  n.aster  before  such  eScrtoVrld     «'       '^  '"''  .'"''''"  ^^  '^^  ^^e 
^  "iJl'^I'y  andcorn.ptlvs'vea.  asto.f     ?  ?''*""  ''^°  '^^^''    ^^'^%i 
'  shall,  on  conviction  ^suForth    I     "'  ^^'\'  ^'''"*^^'»^^'  '"  such  copy 
•rhe  impractabilU^'  ^.riL  dh?"f"thi  '  ^""'/"^  o^P-jury.^.^' 
'exemplified   by  a  plain   case     Tvl.^'i        'r'?'""*'  ^^''"  be  best 
Charleston,  South  C\aoIinTa;  the  r   ,'^"""^*^°'"  "a'timore  to 
m>nr  and  other  articles  to  Hie  vTlueiS        P^^'^^ '^'<«"^n  board. 
!ars,  and  twenty  member  of  Con. 'J        1'"^'  ^^f*-''' ^^  20,000  d.rl- 
Licn  of  character.     Ca    I  els.^f  i^^     T^^"  "'"^'^^  P*"^^""'^  •  ^^  be 
^he  lives  of  the  cre^v  MTu^'^^f"^^^^^  ^^'^  vessel  and 

oR-rboard.     On  the  arr  val  «  T^^^^  ''^'^^  ^''■'?<>   '«  ^^lo^r. 

;a,ly  landed,  and  :  ^l^lo^ae^b    ISr^SIS^  ^--^  -^i^le  ts 

r^fTired  to  exone.ate   the  blndr      r  ''*  'brown  into  the' sea,  are 
M  hich  cannot  be  i  s  th      g   'o  mo^R    T  '^''  ^^"^'^-^  °^'  *be  bond,      . 
cannot    be   admitted      Lti";  I  ^   ''"  •'^'"^"^'"ent  the  evid,  nee 

Hhole  amount  o     he  knd.-'mrsr       "'"'^'''   '"''"^''^••^^   ^''^•-    "'e 

and  embarrassing,  "th^m.ten'  '^"'""^^'^ber  conditions,  difficult 
•  .     ......  s*        "'"    mate    or  m.^fps     rnn..:,.o_-  ^     i  .     .. 

ail,    if  hviuff  fanri  \h(^  n.v^  ^'    c    i    ."-'  "'""neis  and  rrew,  siiail 

cJant)  be  p4lS  o,  t  i^fl'dl^"'  ■^''"  '^  ^"   ^^«  ^^^-^ 

hh  bardlyasuppo.cab}e  ca;  t-.^tf     T"  ?  ''"'^'''^"'  witnes.es.'^ 
Vi^      aote  ca.e  taat  the  boadamen  residin-  at  Baitj^ 


le  military  \tt 
lie  ill  aid  of, 
•pear  ou  our 
Senate,  has 
ani  gM  the 
ini  his  nioti- 

November 
itives,  have 

any  value, 
n  insult  to 
riginal  h\\{ 

anv  other 
Jce."     iho 
e  expressly 
lent  occasi- 
vessej  shail 
•My  naviga- 
\  of  wj)om 
b  mate  or 
e  provi'  of 
J  trial,  and 
r,  mate  or 
?  paper  m 
^  tlie  mas- 
ent  places 
f  the  port, 

the  cm. 
to  by  the 
'    falseJj', 
Jch  copy, 
rjury."... 
11  be  best 
imore  to 
f^n  boards 
,000  d.rl- 
le  .  to  ba 
esse!  and 
si  thrown 
article  is 
istimcnv 
Y  articfe 

sea,  are 
le  bond^ 
ividt  nee 
^'or  the 
difficult 
w,  shall 
2  defen 
np.sses.'^ 
U  Baltic 


more,  where  the  suit  miTst  be  mmmpiired,  should,  after  the  faps*  of 
two  montlis  before  wliu  h  no  suit  can  be  brought,  be  able  to  bring 
foni  Cliai  leston  and  into  court,  the  mate  or  mutes  and  every  one  of 
the  mariners  and  crew. ..some  one  may  have  ^  en  taken  out  on  tlirt 
passage  by  an  armed  vessel  of  a  toretgn  nation  ;  or  after  the  arrival 
at  Charleston,  it  would  be  marvelous  indeed  if  someone,  or  more  of 
the  crew  had  not  within  two  months  shipped  on  board  sonje  other 
vessel,  or  gone  to  pans  unknown  to  the  bondsmen.  In  the  bill  there 
is  no  orovision  to  enable  the  mar^teror  bondsmen  to  hold  the  mate, 
mariners  and  crew,  in  custody  until  a  trial  can  be  had  j  they  can 
not  even  summon  them,  until  a  suit  is  commenced.  In  case  of  a 
hostile  capture  most  of  the  mariners  and  crew  would  be  carried  a- 
way  to  a  foreign  country  ;  and  it  would  be  impossible  for  the  bonds, 
men  to  have  them  in  court. 

Having  ofj'ered  my  sentiments  on  the  various  amendments  frort^ 
the  House  of  Representatives,  and  the  amendments  offered  in  the 
Senate  to  those  amendments  as  they  were  severally  under  ctinsidera- 
t.ion,  I  shall  now  close  with  a  few  remarks  on  the  proposed  new  sec- 
tion for  hiring,  arming  and  employing  thirty  vessels  not  exceeding 
one  hundred  and  thirty  tons  each  ^'or  -  forcing  the  laws  of  the  (J. 
States  on  the  sea  coast,  and  t  toyed  under  the  direction  of 


institution    has   placed  the 

a'.es  under    the  direction 

the  laxus  he  faiihfully  ex.. 

vessels,  a  naval  force  of 

.e  Secretary  of  the  Trea- 


the  Secretary  of  the  Treasur  '- 

military  and  naval  force  of  . 
of  the  President,  who  is  to  "  . 
ecuted.*'     This  section  places  tl. 
no  small  import,  under  the  directii>.. 

sury  for  enforcirg  the  laws. ...Even  the  Revenue  Cutlers,  which  from 
the  circumstance  of  their  commanders    being  deemed  and    'jy  law 
declared  to  be  officers  of  the  customs,  fall  under  the  directioii   of  the 
Secretary   of  the  Treasury,  under  whose  superintendence  the    Ia*v 
has  placed  the  collection  of  the  revenue,  even    those  revenue    cut- 
ters when  otherwise  employed  than  in-the  collection  of  the  revenue, 
are  not  permitted  to  n  'nain  under  the  direction  of  the  Secretary  of. 
the  Treasury*  who  of  all  the  oflicers  of  government  is  tfie  most  im- 
proper to  have  the  direction  of  the  military  and    navui  force   to  be 
employed  in  executing  the  embargo  ;  for  to  him  alone  is  confided  the 
power  of  mitigating  the  rigor  of  the  several   acts,  and  of  remitting 
penalties  and  forfeitures.      Ihere  is  a  manifest  impropriety  in   mak- 
ing the  same  person  both  Judge  and   Executioner,       The  gentleman 
from  Virginia  says,  we    have   heretofore  reproached  the    friends  of 
the  adininist-ation  with  the  want  of  energy,  and  complained  of  tbtm 
ibt  relying  on  proclamations,  paper  resolutions,  and    legislative  acts.,. 
and  now  that  something  is  proposed  that  has  in  it  the  appearance  of 
energy,  vve  are  e^jually  clamorous  in  heaping   reproach    upon  them. 
Sir,  it  is  the  inversion  of  the  proper  order  of  things  of  which   we 
complain.     The  administration  and  their  friends   have  been  making 
proclamations,  paper  resolution^,  and  legislative  acts  to  be  aimed  at 
foreign  nations,  against  whom  they  are  unavailing  ;  whereas,  in  re- 
gard to  our  own  citizens,  aided   by  the  Marshal  and  posse  commicatus, 
they  n)i£:ht  li«  eiectMal.     And  t*   cvoapletc  this   inversion  the  sane 


8 

ailminisiraiion  and  their  fiieiids  lave  unnecessarily,  and  in  my  ap^ 
preliension  wantonly,  (lirecied  against  our  own  citizens  the  hayom-fi 
the  military  and  naval  Ibrccjol"  our  country,  which  might  be  effici- 
ent against  foreign  aggression.  Jt  is  for  adopting  this  strange,  this 
unaccountable  policy,  that  we  are  disjatisfied. 

I  have  opposed  the  bill  in  every  stagt;  of  its  progress,  and  used 
every  exertion  in  my  power  to  prevent  its  passage  :  I  shall  now 
only  ask,  that  the  question  may  be  taken  by  the  yeas  and  nays, 
that  I  may  once  more  record  my  name  on  the  journals  a^'ains't  a 
measure,  w'nch,  if  acquiesced  in,  may  prove  fatal  to  the  libt.ties  of 
my  country. 

^^^_   . / 

*NOTE. 


>  I 


On  the  question,  shall  the  bill  pass  ?     It  was  determined  in  the 
amrmative...Yeas  17. ..Mays  \5. 

Tho§e  who  voted  in  the  affirmative  are. 


Messrs. 


Baldwin, 

Bradley, 

Condit, 

Fenner. 

Guillard, 

Giles, 

Howlandj, 

Kitchel, 

Maclay, 


Messrs.  Milledfe, 
Mitchell, 
Moore, 
Plunier, 

Smith,  of  Maryland, 
Smith,  of  New- York, 
Smith,  of  Tennessee, 
Turner. 


Those  who  voted  in  the  nagative  arc. 


Messrs.  Adams, 
Bayard, 
Clay, 
.rilman, 
Hillhouse, 
Logan, 
Pickering, 
Reed, 


Messrs.  Smith,  of  Ohio, 

Smith,  of  Vermont, 

Stone, 

Thruston, 

Tracy, 

White, 

Worihington. 


•i 


Baltimne,  printed  at  the  office  of  the  Federal  Republican. 


jg^iifjitBga.i^a'-:^  ■-.  p 


nd  in  my  ap* 
s  f.lie  bayorrffi 
iglit  be  effjci- 
i  strange,  this 

ess,  and  used 
I  shall  now 
;as  and  nriys, 
lals  at.'uln.st  a 
l>e  libt.lies  of 


mined  in  the 


aryland, 

ew-York, 

ennessee, 


no, 
jnnont. 


publican. 


